The bill aims to bring clarity and regulation to the digital asset market, defining digital commodities and establishing rules for their offer, sale, and trading. It mandates registration for intermediaries, sets disclosure requirements for issuers, and outlines conditions for offering digital commodities. The bill also regulates digital asset custodians, brokers, and dealers, emphasizing customer protection and fair market practices. Additionally, it addresses the establishment of a Strategic Hub for Innovation and Financial Technology, conducting studies on decentralized finance, non-fungible tokens, financial literacy, and blockchain technology, and prohibits the Federal Reserve from issuing a central bank digital currency. Overall, it seeks to modernize regulations and protect investors while promoting responsible innovation in the evolving digital asset market.
Digital Asset Market Clarity Act of 2025 or the CLARITY Act of 2025
This bill establishes a regulatory framework for digital commodities, defined by the bill as digital assets that rely upon a blockchain for their value.
The Commodity Futures Trading Commission must generally regulate digital commodities transactions, including digital commodity exchanges, brokers, and dealers. To qualify for trade on an exchange (1) a digital commodity’s blockchain must be mature, or on a blockchain system that has achieved decentralized control as defined by the bill; or (2) the issuer of the digital commodity must file certain reports. The bill establishes requirements for trade monitoring, recordkeeping, and the commingling of customer assets.
The bill exempts digital commodities on mature blockchains (and digital commodities on blockchains expected to mature within certain timeframes) from Securities and Exchange Commission (SEC) registration requirements if annual sales fall under a certain amount and other requirements are met. The bill provides the SEC with jurisdiction over digital commodity activities and transactions engaged in by certain brokers and dealers on alternative trading systems and by national securities exchanges.
Digital commodity exchanges, brokers, and dealers are subject to the Bank Secrecy Act for anti-money laundering and related purposes.
The bill also sets forth requirements for alternative trading systems, previously issued digital commodities, and provisional registration until the bill is implemented.
For more information on this bill, see CRS Insight IN12583, Crypto Legislation: An Overview of H.R. 3633, the CLARITY Act.
